Texas 2011 - 82nd Regular

Texas House Bill HB611 Compare Versions

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Old	New	Differences
1	1	82R18745 PAM-D
2	2	By: Murphy, Workman, Flynn, Harper-Brown, H.B. No. 611
3	3	et al.
4	4	Substitute the following for H.B. No. 611:
5	5	By: Callegari C.S.H.B. No. 611
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the provision of certain professional services by
11	11	certain governmental entities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Subtitle E, Title 10, Government
14	14	Code, is amended to read as follows:
15	15	SUBTITLE E. GOVERNMENT RESOURCES [PROPERTY]
16	16	SECTION 2. Subtitle E, Title 10, Government Code, is
17	17	amended by adding Chapter 2202 to read as follows:
18	18	CHAPTER 2202. LIMITATION ON USE OF GOVERNMENT SERVICES
19	19	Sec. 2202.001. DEFINITION; APPLICABILITY. (a) In this
20	20	chapter, "governmental entity" means:
21	21	(1) a board, commission, department, office, or other
22	22	agency of this state, other than an institution of higher education
23	23	as defined by Section 61.003, Education Code;
24	24	(2) a special district or authority with a governing
25	25	board appointed by the governor; or
26	26	(3) a regional planning commission under Chapter 391,
27	27	Local Government Code.
28	28	(b) This chapter applies only to commercially available
29	29	services that consist of:
30	30	(1) the practice of engineering within the meaning of
31	31	Chapter 1001, Occupations Code;
32	32	(2) the practice of architecture within the meaning of
33	33	Chapter 1051, Occupations Code;
34	34	(3) construction services;
35	35	(4) construction management services; or
36	36	(5) environmental document preparation services.
37	37	Sec. 2202.002. LIMITATION ON PROVISION OF CERTAIN
38	38	PROFESSIONAL SERVICES BY GOVERNMENTAL ENTITY. (a) A governmental
39	39	entity may not provide, through its officers or employees, a
40	40	commercially available service for an improvement to real property
41	41	unless the property:
42	42	(1) is owned, leased, or operated by the entity; or
43	43	(2) is held by the entity under an easement or other
44	44	agreement with the property owner that provides for access to the
45	45	property.
46	46	(b) A nonprofit corporation created by a river authority
47	47	under Chapter 152, Water Code, is considered, with the river
48	48	authority, a single governmental entity for purposes of this
49	49	section.
50	50	(c) This section does not apply to:
51	51	(1) construction services in an amount less than
52	52	$25,000 provided for a project;
53	53	(2) contract management or project management
54	54	services provided by a governmental entity's employees;
55	55	(3) water and water quality technical assistance
56	56	activities, operation, or maintenance provided by a river authority
57	57	within its service area;
58	58	(4) activities necessary to ensure compliance with the
59	59	administration of federal funds;
60	60	(5) incidental sampling and testing of construction or
61	61	maintenance materials provided at a commercial quarry or a
62	62	commercial fabrication plant by a state agency for another
63	63	governmental entity that pays the cost of that service at a location
64	64	where the state agency provides regular testing or inspection for
65	65	state agency projects; or
66	66	(6) a public calamity or emergency that requires the
67	67	provision of services prohibited under this section to preserve
68	68	life, health, safety, welfare, or property.
69	69	SECTION 3. The change in law made by Section 2202.002,
70	70	Government Code, as added by this Act, does not apply to services
71	71	provided on or after September 1, 2011, under a contract for
72	72	services entered into before that date.
73	73	SECTION 4. This Act takes effect September 1, 2011.